PEST CONTROL & DISCLOSURE ADDENDUM

to Residential Lease Agreement (New Jersey)

[// GUIDANCE: This Addendum is intended for use with any New Jersey residential lease. Insert the completed Addendum immediately behind the signature page of the primary lease so it is deemed “part of” the Lease for all purposes.]

TABLE OF CONTENTS

1. Document Header
2. Definitions
3. Operative Provisions
4. Representations & Warranties
5. Covenants & Restrictions
6. Default & Remedies
7. Risk Allocation
8. Dispute Resolution
9. General Provisions
10. Execution Block

(Internal cross-references appear in blue italics for ease of review.)

1. DOCUMENT HEADER

1.1 Title & Parties
This Pest Control & Disclosure Addendum (this “Addendum”) is made part of, and fully incorporated into, that certain Residential Lease Agreement dated [LEASE DATE] (the “Lease”) between:
(a) [LANDLORD LEGAL NAME], a [STATE] [ENTITY TYPE] (the “Landlord”); and
(b) [TENANT LEGAL NAME], an individual (the “Tenant”).

1.2 Premises
The real property that is the subject of the Lease is commonly known as [STREET ADDRESS, CITY, STATE, ZIP] (the “Premises”).

1.3 Consideration & Purpose
The parties wish to allocate responsibilities, disclosures, and procedures regarding pest inspection, prevention, and treatment at the Premises, consistent with New Jersey statutory habitability requirements and applicable local housing codes.

1.4 Effective Date
This Addendum is effective as of [EFFECTIVE DATE] (the “Effective Date”) and shall remain in force for the entire Term (and any extension) of the Lease.

1.5 Governing Jurisdiction
The parties acknowledge that the Lease and this Addendum are governed by the residential landlord-tenant laws of the State of New Jersey.

2. DEFINITIONS

For purposes of this Addendum, the capitalized terms below have the meanings set forth:

2.1 “Addendum” – This Pest Control & Disclosure Addendum, as the same may be amended from time to time.

2.2 “Covered Pests” – Any insect, rodent, or other vermin commonly recognized as a public health or property hazard in New Jersey, including but not limited to bed bugs, cockroaches, ants, termites, mice, rats, fleas, and mosquitoes.

2.3 “Extermination” – Any treatment, baiting, trapping, or other integrated pest management method performed by a properly licensed pest control professional.

2.4 “Habitability Event” – Any infestation or pest-related condition that materially impairs the habitability of the Premises under New Jersey law.

2.5 “IPM Plan” – A written Integrated Pest Management plan describing inspection schedules, treatment protocols, tenant preparation requirements, and follow-up.

2.6 “Notice” – Written notice delivered in accordance with the Lease; e-mail is permissible only if expressly allowed under the Lease.

2.7 “Pest Control Service” – A third-party company or individual licensed to perform Extermination services in the State of New Jersey.

2.8 “Tenant-Caused Infestation” – Any infestation that, based on reasonable evidence, results from Tenant’s negligence, lack of cleanliness, or failure to comply with the obligations in Section 3.3(b) below.

[// GUIDANCE: Delete or add terms as needed; ensure every capitalized term is used consistently.]

3. OPERATIVE PROVISIONS

3.1 Incorporation
This Addendum is deemed part of the Lease; any conflict is resolved in favor of the stricter obligation relating to pest control.

3.2 Mandatory Disclosures
(a) Historic Activity. Landlord discloses that, to the best of Landlord’s knowledge:
 (i) Previous infestations at the Premises: [YES / NO / UNKNOWN].
 (ii) Date of last professional inspection: [MM/DD/YYYY].
 (iii) Date(s) of last treatment and type of Covered Pests treated: [DETAILS / “None”].

(b) Current Condition. Landlord represents the Premises are free of any active Covered Pests as of the Effective Date, except as expressly stated above.

3.3 Allocation of Responsibilities

(a) Landlord Obligations.
 (i) Maintain the Premises in a condition fit for human habitation, free of Covered Pests, consistent with New Jersey’s implied warranty of habitability.
 (ii) Obtain and keep on file all inspection and treatment records for at least four (4) years.
 (iii) Provide Tenant with a minimum of forty-eight (48) hours’ Notice prior to any scheduled inspection or treatment, except in emergency Habitability Events.
 (iv) Bear all reasonable costs of inspection and Extermination unless the infestation is determined to be a Tenant-Caused Infestation.
 (v) Develop, implement, and update an IPM Plan; supply current plan to Tenant upon request.

(b) Tenant Obligations.
 (i) Keep the Premises in a clean and sanitary condition so as to prevent Covered Pests.
 (ii) Promptly (within twenty-four (24) hours) notify Landlord of any suspected pest activity.
 (iii) Fully cooperate with all Extermination preparations (e.g., laundering bedding, removing pets, granting access).
 (iv) Refrain from applying over-the-counter pesticides that could interfere with professional treatment.
 (v) Pay for, and indemnify Landlord against, all costs of inspection, treatment, repairs, and reasonable attorney fees arising from any Tenant-Caused Infestation.

3.4 Treatment Procedures

(a) Integrated Approach. All Extermination shall be conducted through IPM methods and by a licensed Pest Control Service.
(b) Safety Data Sheets. Landlord shall provide Tenant with Safety Data Sheets for any pesticide used at least twenty-four (24) hours before application, unless emergency treatment is required.
(c) Temporary Relocation. If required by the Pest Control Service for health or safety reasons, Landlord shall provide [HOTEL VOUCHER/CREDIT] for temporary relocation not to exceed [NUMBER] nights, unless the infestation is a Tenant-Caused Infestation, in which case relocation costs shall be borne by Tenant.

3.5 Entry & Access
Tenant shall grant Landlord and the Pest Control Service access to the Premises for inspection or treatment on not less than twenty-four (24) hours’ Notice (shorter in emergencies). Refusal to grant access constitutes a material breach of lease.

3.6 Records & Reporting
Within five (5) business days after any treatment, Landlord shall furnish Tenant with a written service report detailing pests treated, chemicals used, follow-up requirements, and next inspection date.

4. REPRESENTATIONS & WARRANTIES

4.1 Landlord Reps
(a) Landlord has complied with all applicable New Jersey licensing, permitting, and disclosure requirements relating to pest control.
(b) All information provided under Section 3.2 is accurate to the best of Landlord’s knowledge and belief.

4.2 Tenant Reps
(a) Tenant has received and reviewed all disclosures herein.
(b) Tenant has inspected the Premises and, except as disclosed in writing to Landlord, found no evidence of Covered Pests on the Commencement Date.

4.3 Survival
The representations and warranties in this Section survive expiration or termination of the Lease for a period of one (1) year.

5. COVENANTS & RESTRICTIONS

5.1 Continuing Covenants
(a) Each party shall comply with its obligations in Section 3.3 at all times during the Term.
(b) Tenant shall not keep garbage, food, or personal property in a manner conducive to infestation.
(c) Tenant shall not introduce used mattresses, upholstered furniture, or other high-risk items into the Premises without first inspecting for Covered Pests.

5.2 Compliance Monitoring
Landlord may, at reasonable times and upon reasonable Notice, conduct follow-up inspections to confirm compliance. Non-compliance constitutes a breach subject to remedies in Section 6.

6. DEFAULT & REMEDIES

6.1 Events of Default
(a) Tenant’s failure to (i) provide access, (ii) perform required preparations, or (iii) pay Tenant-Caused Infestation costs within five (5) days after written demand.
(b) Landlord’s failure to initiate Extermination within seven (7) days after written Notice of a Habitability Event.

6.2 Cure Periods
Except where shorter periods are mandated by health regulations, the breaching party has five (5) days after Notice to cure.

6.3 Remedies
(a) Landlord Remedies (Tenant Default). Charge Tenant for actual damages, obtain injunctive relief compelling compliance, recover reasonable attorney fees, and/or terminate the Lease.
(b) Tenant Remedies (Landlord Default). Seek injunctive relief, rent abatement proportionate to the loss of habitable use, and/or terminate the Lease if infestation remains uncured for more than thirty (30) days.

6.4 Attorney Fees
The prevailing party in any action to enforce this Addendum is entitled to recover reasonable attorney fees and court costs, subject to the limitation of liability in Section 7.2.

7. RISK ALLOCATION

7.1 Mutual Indemnification
(a) Tenant shall indemnify, defend, and hold harmless Landlord from and against all claims, losses, and expenses (including attorney fees) arising from a Tenant-Caused Infestation.
(b) Landlord shall indemnify, defend, and hold harmless Tenant from and against all claims, losses, and expenses (including attorney fees) arising from Landlord’s negligence or willful misconduct in performing Extermination.

7.2 Limitation of Liability
Liability under this Addendum is limited to direct, actual damages; neither party shall be liable for consequential, incidental, punitive, or exemplary damages.

7.3 Insurance
(a) Landlord shall maintain property and liability insurance customary for comparable New Jersey residential properties.
(b) Tenant is strongly encouraged, but not required, to maintain renter’s insurance including personal property coverage for pest-related loss.

7.4 Force Majeure
Delays in treatment caused by events beyond a party’s reasonable control (e.g., pandemic-related supply shortages) toll all deadlines herein until the force majeure event ceases.

8. DISPUTE RESOLUTION

8.1 Governing Law
This Addendum and any dispute arising hereunder are governed by the laws of the State of New Jersey.

8.2 Forum Selection
Exclusive venue lies in the [COUNTY] County Superior Court, Special Civil Part, Landlord/Tenant Section (the “Housing Court”).

8.3 Arbitration
Arbitration is expressly excluded.

8.4 Jury Trial
Each party retains its constitutional right to a trial by jury.

8.5 Injunctive Relief
Nothing herein limits either party’s right to seek temporary, preliminary, or permanent injunctive relief to remedy or prevent a Habitability Event.

9. GENERAL PROVISIONS

9.1 Amendments & Waivers
No amendment or waiver is effective unless in a writing signed by both parties. A waiver on one occasion is not a waiver of any subsequent breach.

9.2 Assignment
Tenant may not assign the Lease or sublet the Premises without Landlord’s prior written consent, which may be withheld in Landlord’s sole discretion.

9.3 Successors & Assigns
This Addendum binds and inures to the benefit of each party’s successors and permitted assigns.

9.4 Severability
If any provision is held unenforceable, the remainder of this Addendum remains in full force, and the invalid provision shall be reformed to the minimum extent necessary to render it enforceable.

9.5 Integration
This Addendum, together with the Lease, constitutes the entire agreement on the subject matter and supersedes all prior or contemporaneous understandings.

9.6 Counterparts; Electronic Signatures
This Addendum may be executed in counterparts, each of which is deemed an original. Electronic signatures are binding to the same extent as originals under applicable law.

10. EXECUTION BLOCK

IN WITNESS WHEREOF, the parties have executed this Addendum as of the Effective Date.

[Optional Notary Acknowledgment – Include if required by local practice]

[// GUIDANCE:
1. Complete all placeholders in ALL-CAPS brackets.
2. Attach inspection/treatment records if disclosure lines in §3.2 are not “None.”
3. Review local municipal codes; some cities (e.g., Jersey City, Newark) impose stricter notice periods for bed-bug treatment.
4. Provide a copy of the fully executed Addendum to the Tenant within three (3) business days and keep the original with the Lease file.
]